(1) The Commercial Tax Officer or the Assistant Commissioner as the case may be, may issue a refund adjustment order in form 40 for the adjustment of the refundable amount towards the amount of tax payable according to the return or returns for any period following the date on which the refund is sanctioned.

(2) If the authority empowered to grant a refund is required under sub-section (4) of section 37 to apply the refundable amount or part thereof towards the recovery of tax, penalty, interest or any other amount or part thereof due under the Act or the repealed Act or the Central Sales Tax Act, 1956 (No. 74 of 1956) or under the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (No. 52 of 1976) it shall issue a refund adjustment order in respect of such amount.

(3) The refund adjustment order shall be made out in triplicate, one copy shall be issued to the dealer, second copy marked at top as 'for use in treasury only' shall be sent to the Treasury Officer and the third copy shall be retained by the authority issuing such order.

provided that if the refundable amount is to be adjusted towards the tax liability of any other registered dealer, a fourth copy of the refund adjustment order shall be prepared and issued to the dealer in whose favour the refundable amount is adjusted.